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HomeMy WebLinkAbout1991-13 [Illegible] Section G of the Vail Village Urban [Illegible] Considerations Relating to the Protection of Views within the Town of Vail and Creating a New Chapter of the Vail Municipal Code~1 yr u,va-q,~.c.u. ~.r~xc ~.tx.. • r • o~, , o ~ owr,~. ~i~, f ~f~Y 't'his ordinance itrcludes all of the rnque otmcil made during first reading, May 7, 1991. The ordinance was passed an first reading with a 7 - 8 vos r , .r :xed !'or second reading will have different legal dea.~:,.::ans for each view corridor as the Town u u~ ;ntation far all of the view corridors. -RDINANCE NO. 13 Series of 1991 ]IN OitDINAN! ,T1~TG SECTION G OF TSE VAIL VILLAGE VRH1~N L CONSIUER7lTION$ RItLATING TO THE PROTRCTIC?~ VIEidS lifl'IHIN THE TOWN OF VAIL ]1ND CREATING, zi N$W CHAPTiER OF TAE lIQ]NICIPAL CODS OF THE TOWN OF VAIL TO BROVIDE !OR THE PRQ'1'$CTIOAT OF CICR'T]-IN VIEWS iIITHIN THE TOWN 11ND 5"t:~`TING lORTH TH8 DBTAIL8 XN REGARD TIi&RH~'O WHEREAS, it is the opinion of the Town Council that the preservation of certain existing view corridors is essential to the character of Vail as a mountain resort community; and WHEREAS the preservation of views will protect and enhance the Town's attraction to tourists and visitors; and WHIaREAS the preservation of views will stabilize and enhance the aesthetic and economic vitality of the Town of Vail; and WHEREAS the amendment will more clearly identify existing view corridors and development procedures for the public's benefit; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN CO[TNCIL OF THE TOWN OF VATL, COLORADO AS FOLLOWS: 1. Section G of the Urban Design Considerations is hereby modified to read as follows: Paxaarar~h G Veil's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features axe constant reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant and obvious view corridors have been adopted as part of the Design Review standards in Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhaustive. When evaluating a development pr~yposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or public plazas, and ix:~~lude views cif the ski mountain, the Gore Range, or the Clock Tower. The views of the ski slopes and of the Clock Tower, which have been adopted by ordinance, were chosen due to their a3gnifiatfnce, trot only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in the Vail Village shall not encroach into any adopted view corridor. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the imp~~t of proposed development on views from pedestrian ways must be identified and mitigated where needed. ` • ~ ~ ~ + 2, Title 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 18.73 to read as follows: Chapter 18.73 -View Corridors 18.73.014 - Purpose A. The protection and perpetuation of certain panoramic mountain views from various pedestrian/public ways within the Town is required in the interests of posterity, civic pride and the general welfare of the people of the Town of Vail; B. It is desirable to designate, preserve and perpetuate certain existing panoramic mountain views for the enjoyment and environmental enrichment of the citizens and visitars to the Town; C. The preservation of such views will strengthen and preserve the Town's unique environmental heritage and attributes: A. The preservation of such views will enhance the aesthetic and economic vitality and values of the Town; E. The preservation of such views will protect and enhance the Town's attraction to tourists and visitors; F. The preservation of such views will promote good, design and will provide for natural ].fight in the buildings and public spaces in the vicinity of the view oorridors. 18.73.D2Q - Adoption of View Corridor Legal Aescrintiona and Photographs The photographs on record with the Community Development Department and the following legal deacriptians axe hereby approved and adopted as official view corridors protecting views within the Town. x `~ !# A. A view from the south side of the Vail Transportation Center f]COm the main pedestrian stairway looking toward the ski slopes; V~.eK Point ~1 Instrument - View Point #1 Hacksight - Traverse Point #1 ,Height of instrument above View Point #1 - 5.4 feet Lens used in photograph - 35 mm Horixonal Angle Zenith Angle Foresight Foint on Photo 358 47' 76 41' A 358 47' 85 49' B 12 O6' 89 14' C 15 00' 89 17' b 22 19' 86 54' E 35 18' SS 92' F 38 17' 76 21' G S. A view from upper Bridge Street looking toward the ski slopes between 228 Bridge stXeet,the Golden Peak Building, and 311 Bridge Street, the Hill Building; View Point ~2 Instrument - View Point #2 Backsight - View Point #9 Height of Instrument Above View Point #2 ~ 5.4 feet Lens used in photograph -- 35 mm 3 ~ i ~ 3 Horixontal;,Angle Zenith Angle Foresight Point on Photo 2$7 30' 74 35' A . 289 40' 90 17' B 299 02' 92 47' C 301 51' 74 10~ D C. The northeast corner of 244 Wall Street, the One Vail Place Building, looking over the roofs of 304 Bridge Street,-the Red Lion, and 356 Hanson Ranch Road, the Christiania, toward the Gore Range. The legal description for this view corridor will be based upon the proposed Christiania development as shown on Exhibit A. vi.rr noi~at ~a Instrument - view Point ~9 Backsight - To Be Determined Height of Instrument Above View Point ~4 - 5.4 feet Lens used in photograph - 50 mm D. View of the Gore Range from Kansan Ranch Road just east of the Mill . Creek Bridge and south of 302 Gore Creek Drive, the Mil]. Creek Court Building; View Point #5 Instrument - View Point #5 Backsight - Focal point #]. Height of Instrument Above View Point #5 - 5.4 feet bens used in photograph - 35 mm Horizontal Angle Zenith Angle 201 31' $1 24' 206 53' 65 03' 210 2 4' 8 5 11' 213 09' 84 03' 213 09' $3 oa' Foresight Point On Photo A B C D M ~x E. Looking east to the Gore Range from Gore Creek Drive between retail t shops at 179 Gaye Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Piaza Building. viex Pout ~6 instrument - View Point ~fi Backsight - Traverse Point ~2 Height of Instrument Above View Paint ~fi - 5.4 feet Lens used in photograph - 35 min Horizontal Angle Zenith Angle Foresight Point on Photo 356 55' 81 00' A 357 32' 83 19' B 00 Qfi' 83 13' C O1 59' ~ 85 26' D 12 43' 85 2fi' E 12 51' 80 10' F' l2 12' 76 58' G 13 07' 73 06' H 18.73.030 - Limitations on Construction No structure shall be permitted to encroach above the view corridor boundary identified with the dashed tape set forth on each of the adopted photographs. The boundaries are determined by the legal descriptions listed in Section 1$.73.020. Copies of the photographs and legal descriptions are on file with the Community Development Department. For the purposes of this Chapter, the term structure shall include, but not be limited to, new buildings, building expansions, decks, remodels, mechanical equipment, vents, ducts, satellite dishes, fences, stoplights, light poles, utility poles, skylights or any similar objects. 1$.73.04 - Mass and Bulk Controls A. ProAOSed Building Expansions in the Vicinitv of Existing Encroachments When any proposed structure infringes upon a Town of Vail view corridor, but is located in front of ar behind another structure 5 ' which al• dy encroaches into the same view parridor, the new structure shall not be permitted. B. View Corridor tieiaht Control If the maximum height allowed by the zoning code exceeds the resulting height limitation defined by the view carridofi, the more restrictive height regulation shall apply. C. Proaosed Remodels of Buildings with Existing Encroachments Pre-existing encroachments in view corridors shall not be expanded or enlarged to create further encroachment. Any existing encroachments will be encouraged to be removed as part of any major building remade 1, except far identified focal points, such as the Clock Tower and Bell Tower. 18.73.050 - Submittal Requirements The following information shall be submitted along with a Design Review Board application, exterior alteration application, any variance application, or any other application that may pertain to view corridors, sa that the Town staff can properly evaluate whether a structure complies with this view corridor chapter: A. Existing and proposed elevations of the development; B. Photographs taken from the adopted view point which indicate the present improvements which protrude into, or are in the vicinity of the view corridor, and a graphic representation an the photographs of how the proposed improvements will appear with relation to existing improvements and view corridor boundaries. Photographs to be submitted must be taken from the name point used to define the corridor, with the same lens size, and with the camera set at a height of 5.9 feet above the pavement. C. Tf necessary, the Community Aevelopment Department may require models, overlays, sketches, or other submittal materials which show the potential impact the structure could have upon the protected view corridor if constructed. w r 6 18.73.060 - Amendments and Appea~.s r J R. Amendments No variance shall be permitted to any provision of this chapter 18.73. The provisions of this chapter, including the legal descriptions and photographs of the designated view corridors, shall only be amended in accordance with the provisions of Sections 18.56.110 through 18.66.170 of this code. B, Appeals If a determination is made by staff that a proposed structure would encroach into an adopted view corridor, the applicant may appeal the determination to the Planning and Environmental Commission, according to Section 18.66.030. 18.73.470 - Exemptions A structure which is presently located in an adopted view corridor may remain and, if destroyed by natural causes, may be replaced to its current size and height, provided such reconstruction takes place within one year following destruction. However, no structures which are located within a designated view corridor on the effective date of this ordinance shall be permitted to expand or enlarge the area of the structure which is located within the view corridor. 3. Tf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence. clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 9. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 5. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed,or superseded unless expressly stated herein. INTROBUCED, READ Old FIRST REAT?ING, APPROVED AND ORDERED PUAI,ISiiED ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon on the day of , 1991, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. 7 ' L ~ ~ • Kent R. Roae~ Mayor .ATTEST; Psunela A. Bra~ndmeyer~ Tawn Clez~k READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of - 1991. Kent R. Rose, Mayor ATTEST: pdmela A, Brandmeyer, Town Clerk 8 r ~• ORDINANCE NO. 13 Series of 1991 5.7 •~11 ~~ ! ~ ~1 a - n,u,:f ovcLrw~t, c2ct rl,wrr~.~.wU fi~ ~ ~ r AN ORDINANCE AMENDfNG SECTION G OF THE VAIL VILLAGE URBAN DESIGN CONSIDERATIONS RELATING TO THE PROTECTION OF VIEWS WITHIN THE TOWN OF VAIL AND CREATING A NEW CHAPTER QF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE FOR THE PROTECTION OF CERTAIN VIEWS WITHIN THE TOWN AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, it is the opinion of the Town Council #hat the preservation of certain existing view corridars is essential to the character of Vail as a mountain resort community; and WHEREAS the preservation of views will protect and enhance the Town's attraction to tourists and visitors; and WHEREAS the preservation of views will stabilize and enhance the aesthetic and economic vitality of the Town of Vail; and WHEREAS the amendment will more clearly identify existing view corridors and development procedures for the public's bonefit; NOW, THEREFOFii=, BE IT ORDAINED BY THE TOWN COUNCfL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: Section 1 Section G of the Urban Design Considerations is hereby modified to read as follows: Paragraph G Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are constant reminders of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant and obvious view corridors have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adapted should not be considered exhaustive. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that shauld be preserved originate from either major pedestrian areas or public plazas, and include views of the ski mountain, the Gore Range, ar the Clock Tower. The views of the ski slopes and of the Clock Tower, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points far pedestrians. 1 s •~ ~ Development in the Vail Village shall not encroach into any adopted view corridor. Adopted corridors are Fisted in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from pedestrian ways must be identified and mitigated where needed. Section 2 TIt1e 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 18.73 to read as follows: Chapter 18.73 -View Corridors 18.73.014 -Purpose A. The protection and perpetuation of certain panoramic mountain views from various pedestrian/public ways within the Town is in the public interest and will foster civic pride and the general welfare of the people of the Town of Vail; B. It is desirable to designate, preserve and perpetuate certain existing panoramic mountain views for the enjoyment and environmental enrichment of the citizens and visitors to the Town; C. The preservation of such views will strengthen and preserve the Town's unique environmental heritage and attributes; D. The preservation of such views will enhance the aesthetic and economic vitality and values of the Town; E. The preservation of such views will protect and enhance the Town's attraction to tourists and visitors; F. The preservation of such views will promote good design and wi[l provide for natural light in the buildings and public spaces in the vicinity of the view corridors. 18.73.020 -Adoption of View Corridor t_eaal Descriptions and Photoaraphs The photographs an record with the Community Development Department and the fallowing legal descriptions are hereby approved and adopted as official view corridors protecting views within the Town. A. A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the ski slopes; 2 • i • View Point #1 Instrument -View Paint #1 Backsight -Traverse Point #1 Height of instrument above View Point #1 - 5.4 feet Lens used in photograph - 35 mm Legal Descriptions Being Updated B. A view from upper Bridge Street looking toward the ski slopes between 22$ Bridge street,the Golden Peak Building, and 311 Bridge Street, the Hlli Building; View Point #2 instrument -View Point #2 Backsight -View Poin# #4 Height of Instrument Above View Point #2 - 5.4 feet Lens used in photagraph - 35 mm Legal Descriptions Being Updated C. The northeast corner of 244 Wall Street, the One Vail Place Building, looking over the roofs of 304 Bridge Street, the Red lion, and 356 Hanson Ranch Road, the Christiania, toward the Gore Range. View Point #4 Instrument -View Point #4 Backsight - To Be Determined Height of instrument Above View Point #4 - 5.4 feet Lens used in photagraph - 50 mm D. View of the Gare Range from Hanson Ranch Road just east ofi the Miil Creek Bridge and south of 342 Gore Creek Drive, the Mill Creek Court Building; View Point #5 3 ~i '• 'i Instrument -View Point #5 Backlight -Focal Point #1 Height of Instrument Above View Point #5 - 5.4 feet Lens used in photograph - 35 mm Legal Descriptions Being Updated E. Looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building. View Point #6 instrument -View Point #6 Backlight -Traverse Point #~ Height of Instrument Above View Point #6 - 5.4 feet Lens used in photograph - 35 mm Legal Descriptions Being Updated 18.73.D3D -Limitations on Construction IVo structure shall be permitted to encroach above the view corridor boundary identified with the dashed tape set forth on each of the adopted photographs. The boundaries are determined by the legal descriptions listed in Section 18.73.020. Copies of the photographs and legal descriptions are on file with the Community Development Deparkment. For the purposes of this Chapter, the term structure shall include, but not be limited to, new buildings, building expansions, decks, remodels, mechanical equipment, vents, ducts, satellite dishes, fences, stoplights, light poles, utility poles, skylights or any similar object. i 8.73.D40 -Mass and Bulk Controls A. Proposed Building Expansions in the Vicinity of Existing Encroachments When any proposed structure infringes upon a Town of Vail view corridor, but is located in front of or behind another structure which already encroaches into the same view corridor, the new strut#ure shall not be permitted. 4 . l ! s B. View Corridor Height Control If the maximum height allowed by the zoning code exceeds the resulting height limitation defined 6y the view corridor, the more restrictive height regulation shalt apply. C. Proposed Remodels of Buildings with 1=xistina Encroachments Pre-existing encroachments in view corridors shall not be expanded or enlarged to create further encroachment. Any existing encroachments will be encouraged to be removed as part of any mayor building remodel, except for identified focal points, such as the Clock Tower and Bell Tower. 18.73.050 -Submittal Requirements #or Additional View Corridors or Modifications to Existing View Corridors The following information shall be provided by the applicant with any proposed new view corridor or with a Design Review Board application, exterior alteration application, variance application, or any other application that may result in an amendment to an existing view corridor, so that the Town staff can properly evaluate the impacts of a proposed view corridor or proposed structure within an existing view corridor: A. A statement addressing the way the proposed view corridor or the amendment to are existing view corridor amendment meets the purpose section of this Chapter of the zoning code. B. Names and addresses of ail property owners affected by the proposed view corridor or the amendment to an exis#ing view corridor. C. Far a new view corridor proposal, photographs of the view to be established must be submitted. The photographs must be marked to show the boundary of the proposed view corridor. The point used as the origin of the corridor must be identified, as well as the lens size and the height of the camera above pavement. D. 1=or an amendment to an existing view corridor, existing and proposed elevations of the development must be submitted. In addition, photographs must be submitted which have been taken from the adopted view point. On the photographs, the present improvements in the vicinity of the view corridor must be shown with a graphic representation of how the proposed improvements will appear in relation to existing improvements and view corridor boundaries. 5 : s s Photographs to be submitted must be taken from the same point used to define the corridor, with the same leas size, and with the camera set at the same height above the pavement. E. if necessary, the Community Development Department may require models, overlays, sketches, or other submittal materials which show: 1. For a proposed view corridor, the potential impact the new view corridor could have on the development potential of the surrounding properties. 2. For an amendment to an existing view corridor, the potential impact the changes could have upon the protected view corridor if it is changed to accommodate new construction or if it is changed to become more restrictive. F. Once the Town gives preliminary approval for either a new view corridor or an amendment to an existing view corridor, legal descriptions written in the same format as those in Section 18.73.028 and any other necessary survey information must be provided by the applicant. G. Proposals deemed by the Community Development Department to have significant implications on the community may require review by professionals outside She Town staff. In this event, the applicant shall reimburse the Town for expenses incurred by this review. Any outside consultant selected to review a proposed view corridor or an amendment to an existing view corridor shall be selected and utilized by the Town staff. The Community Development Department shall determine the amount of monies estimated to cover the cost of outside consulting services, and this amount shall be provided to the Town by the applicant prior to any public hearing on the proposal. Any unused portions of these funds shall be returned #o the applicant following the review of the proposed view corridor or amendment to an existing view corridor. Expenses incurred by the Town in excess of the estimated amount shall be reimbursed to the Town by the applicant. 18.73.060 -Amendments. Appeals and Additional View Corridor Proposals A. Amendments No variance shall be permitted to any provision of this chapter 18.73. The provisions of this chapter, including the legal descriptions and photographs of the designated view corridors, 6 . s : ~ sha[I only be amended in accordance with the provisions of Sections 18.66.110 through 18.66.170 of this code. B. Appeals If a determination is made by staff that a proposed structure would encroach into an adopted view corridor, the applicant may appeal the determination to the Planning and Environmental Commission, according to Section 18.66.030. C. Additional View Corridors The Town Council, the Planning and Environmen#al Commission, Town staff or a member of the public may propose additional view corridors. Any proposal shall be accompanied with the information required in Section 18.73.050. Proposals for new view corridors shall be reviewed by the Tawn according to Sections 18.66.110 through 18.66.170. 18.73.070 -Exemptions A. Destruction Due to Natural Causes A structuro which is presently located in an adopted view corridor may remain and, if destroyed by natural causes, may be replaced to its current size and height, provided such reconstruction takes place within one year following destruction. However, no structures which are located within a designated view corridor an the effective date of this ordinance shat! be permitted to expand or enlarge the area of the structure which is [orated within the view corridor unless an amendment #o the existing view corridor is approved. B. Approved Development Proposals Which Encroach Into View Corridors Far development proposals which have received approval from the Town of Vail as of the effective date of this ordinance, and which encroach into an adopted view corridor, the applicant shall be able to renew the approval, not withstanding the provisions of this ordinance. For Planning and Environmental Commission decisions, the approval can be renewed once. For Design Review Board decisions, the approval can be renewed three times. For Town Council decisions, such as a Special 1evelopment District, the approval may be extended nne year. If, for one project, the length of time resulting from the extension of PEC or DRB approvals differs, the shorter length of time shall be the maximum allowed. !f an approval lapses, the right to construct the development shall become void. Renewals can be made, notwithstanding the provisions of this ordinance, providing there is no substantial change to the structure, and provided there is no increase in the portion of the structure which encroaches into the view corridor. 7 ~_ ~ Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of'the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. Section 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vai! Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed: INTRODUCED, READ ON FIRST READING, APPROVED AND DRDERED PUBLISHED ONCE IN FULL, this day ofi , 1991. A public hearing shall be held hereon on the day of , 1991, at the regular meeting of the Town Council of the Tawn of Vail, Colorado, in the Municipal Buiiding of the Tnwn. ATTEST: Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND DRDERED PUBLISHED this ,day of , 1991. ATTEST: Pamela A. Brandmeyer, Town Clerk Kent R. 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